(a) A trust may be created by:
(1) Transfer of property to another person as trustee during the grantor's lifetime by the grantor or by will or by other disposition taking effect upon the grantor's death;
(2) Declaration by the owner of property that the owner holds identifiable property as trustee;
(3) Exercise of a power of appointment in favor of a trustee; or
(4) An order of the court.
(b) During the grantor's lifetime, a trust may also be created by the grantor's agent acting in accordance with authority granted under a durable power of attorney which expressly authorizes the agent to create a trust on the grantor's behalf or which expressly authorizes the agent to fund an existing trust of the grantor on the grantor's behalf.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 4. Creation, Validity, Modification and Termination of Trust
§44D-4-401. Methods of Creating Trust
§44D-4-402. Requirement for Creation
§44D-4-403. Trusts Created in Other Jurisdictions
§44D-4-405. Charitable Purposes; Enforcement
§44D-4-406. Creation of Trust Induced by Fraud, Duress or Undue Influence
§44D-4-407. Oral Trusts Unenforceable
§44D-4-408. Trust for Care of Animal
§44D-4-409. Noncharitable Trust Without Ascertainable Beneficiary
§44D-4-410. Modification or Termination of Trust; Proceedings for Approval or Disapproval
§44D-4-411. Modification or Termination of Noncharitable Irrevocable Trust by Consent
§44D-4-414. Modification or Termination of Uneconomic Trust
§44D-4-415. Reformation to Correct Mistakes
§44D-4-416. Modification to Achieve Grantor's Tax Objectives